HB 1134-1_ Filed 01/28/2002, 10:42 Thompson


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1134 be amended to read as follows:

SOURCE: Page 2, line 32; (02)MO113401.2. -->     Page 2, between lines 32 and 33, begin a new paragraph and insert:
SOURCE: IC 9-24-18-12; (02)MO113401.3. -->     "SECTION 3. IC 9-24-18-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 12. Upon receipt of a court order under:
         (1) IC 7.1-5-7-7 (minor possessing, consuming, or transporting alcohol or having alcohol present in a bodily substance); or
        (2) IC 35-46-1-10.5 (d) (individual less than eighteen (18) years of age purchasing tobacco, accepting tobacco for personal use, or possessing tobacco on the individual's person);

the bureau shall suspend the minor's driver's license for the period ordered by the court.".
SOURCE: Page 3, line 11; (02)MO113401.3. -->     Page 3, after line 11, begin a new paragraph and insert:
SOURCE: IC 35-46-1-10.5; (02)MO113401.5. -->     "SECTION 5. IC 35-46-1-10.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10.5. (a) A person less than eighteen (18) years of age who:
        (1) purchases tobacco;
        (2) accepts tobacco for personal use; or
        (3) possesses tobacco on his or her person;
commits a Class C infraction.
    (b) It is a defense under subsection (a) that the accused person acted in the ordinary course of employment in a business concerning tobacco:
        (1) agriculture;
        (2) processing;
        (3) transporting;
        (4) wholesaling; or
        (5) retailing.
     (c) If a person:
        (1) less than eighteen (18) years of age; and
        (2) born after June 30, 1988;
violates subsection (a) after June 30, 2004, the court that enters the judgment for the infraction under subsection (a) may issue an order recommending that the person's driver's license be suspended for up to one (1) year.

     (d) The court shall deliver an order to the bureau of motor vehicles recommending the suspension of the person's driver's license under subsection (c). The bureau shall suspend the person's driver's license under IC 9-24-18-12 for the period ordered by the court.
    (e) If a person receives a judgment for an infraction described in subsection (a) and the person does not hold an operator's license or a learner's permit, the court may issue an order recommending that the person may not receive an operator's license or a learner's permit from the bureau of motor vehicles until six (6) months after the earliest date the person would otherwise be eligible to receive an operator's license or learner's permit from the bureau of motor vehicles. The bureau may not issue an operator's license or a learner's permit to the person until the date specified in the court's order.
".
    (Reference is to HB 1134 as printed January 24, 2002.)

________________________________________

Representative Thompson


MO113401/DI 44     2002